88R2005 AJA-D
By: Bell of Montgomery H.B. No. 356
A BILL TO BE ENTITLED
AN ACT
relating to the civil liability of certain businesses in connection
with allowing concealed handguns on the business premises.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 95A, Civil Practice and Remedies Code,
is amended by adding Section 95A.0002 to read as follows:
Sec. 95A.0002. LIABILITY OF BUSINESS IN CONNECTION WITH
ALLOWING CONCEALED HANDGUNS. (a) In this section, "license
holder" means a person licensed to carry a handgun under Subchapter
H, Chapter 411, Government Code.
(b) A person with control over the premises of a business
who allows entry on the premises by a license holder with a
concealed handgun is not liable based solely on that permission for
damages arising from the lawful carrying of a concealed handgun on
the premises by the license holder.
(c) For purposes of this section, the lack of an oral or
written communication that constitutes notice for purposes of
Section 30.06, Penal Code, is sufficient to constitute allowing
entry on the premises by a license holder with a concealed handgun.
SECTION 2. Section 95A.0002, Civil Practice and Remedies
Code, as added by this Act, does not apply to a cause of action that
accrued before the effective date of this Act. A cause of action
that accrued before the effective date of this Act is governed by
the law applicable to the cause of action immediately before that
date, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.